Administrative Law Study Guide

Constitutional Foundations and the Non-Delegation Doctrine

Examines Article I limitations on congressional delegation of legislative power to agencies and intelligible principle requirements.

Agency Structure and the Appointments Clause

Covers agency types, presidential control, appointments and removal powers, and separation of powers constraints on agency design.

The Administrative Procedure Act Framework

Introduces APA structure, definitions, procedural requirements, and its role as the foundation for federal administrative law.

Informal Rulemaking and Notice-and-Comment Procedures

Details Section 553 requirements including adequate notice, opportunity to comment, concise statement, and logical outgrowth doctrine.

Formal Rulemaking and Formal Adjudication

Analyzes Sections 556-557 trial-type hearing requirements, ALJ independence, evidence standards, and when formal procedures apply.

Legislative Rules vs. Interpretive Rules and Policy Statements

Distinguishes binding legislative rules from exempt interpretive rules, policy statements, and procedural rules under APA.

Due Process Requirements for Agency Action

Examines Mathews v. Eldridge balancing test, procedural protections required, and liberty and property interest analysis.

Judicial Review: Threshold Requirements and Justiciability

Covers standing, ripeness, exhaustion, finality, primary jurisdiction, and statutory preclusion of judicial review doctrines.

Chevron Deference and Statutory Interpretation

Analyzes two-step Chevron framework, ambiguity analysis, reasonable interpretation review, and post-Loper Bright developments.

Arbitrary and Capricious Review Under the APA

Examines Section 706 hard look review, State Farm factors, reasoned decision-making requirements, and agency change justifications.

Substantial Evidence Review and Questions of Fact

Covers substantial evidence standard for formal proceedings, review of factual findings, and administrative record requirements.

Agency Enforcement, Investigations, and Freedom of Information

Addresses agency investigative powers, subpoena authority, FOIA disclosure requirements, and exemptions from public disclosure.